清代后期国际法在中国的传播新论

自1864年丁韪良翻译《万国公法》后,近代国际法开始大规模地传入中国。但国际法在近代中国的传播,不止翻译一途,学堂教学也起着重要的作用,尤其是清末新政期间留日学生对国际法的翻译及其在新式学堂的教学,更使国际法的影响扩展到广大普通知识分子阶层。概括说来,国际法在中国的传播,其内容具有显著的实用性,其过程分为明显的两个阶段。而中国政府和人民对国际法的接受则有一个从被动到主动的转变过程,其接受程度受当时的社会环境和中外关系状况的严重制约。

A Further Discussion of the Introduction of International Law in Mordern China

Since William Alexander Parsons Martin translated Elements of International Law into Chinese in 1864, the modern international law began to be introduced into China extensively. But translation is not the only way of the introduction of international law in modern China, teaching in school also play an important role at the same time, particularly Chinese students in Japan make the influence of international law expand to the masses of intellectual's strata by their translation and teaching. Generally speaking, the introduction of international law in China, its content has remarkable practicability, and its process can be divided into two stages obviously. The acceptance of international law by Chinese government and people has a transition from passive to active. Moreover, the degree of acceptance is restricted by the social environment and the condition of China's relationship with other countries seriously.